Item - 2021.EY25.11

Tracking Status

This item was considered by Etobicoke York Community Council on June 22, 2021 and was adopted with amendments. City Council has delegated authority for this matter to the Etobicoke York Community Council and therefore, the decision is final.

EY25.11 - Request for a Fence Exemption to the Toronto Municipal Code, Chapter 447 - 1 Rhinestone Drive

Decision Type:: ACTION

Status:: Amended

Schedule Type:: Delegated

Ward:: 2 - Etobicoke Centre

Public Notice Given

Community Council Decision

The Etobicoke York Community Council:

1. Granted the application for a fence exemption permit, with the condition that additional equipment such as mirrors, monitoring cameras and pool alarm, or combination thereof, to the satisfaction of the Executive Director, Municipal Licensing and Standards, is installed thereby allowing the pool enclosure to be constructed and maintained and properly viewed from the main living area of the home.

2. Directed and required that the installation be maintained in good repair without alteration. At such time as replacement of the fence is required that such installation will comply with Municipal Code Chapter 447, or its successor by-law.

3. Directed that as a condition of the exemption, the window to the garage be sealed and made inoperable to the satisfaction of the Executive Director, Municipal Licensing and Standards.

Origin

(May 31, 2021) Report from the District Manager, Municipal Licensing and Standards, West District

Summary

This staff report concerns a matter for which the Etobicoke-York Community Council has delegated authority from City Council to make a final decision.

The purpose of this report is to advise Council concerning an application by the property owner of 1 Rhinestone Drive for a site-specific Fence Exemption, pursuant to Section 447-1.5(B) of Toronto Municipal Code, Chapter 447- Fences. The property owner is seeking Council's permission to construct a swimming pool enclosure, which does not comply with the standards stipulated by Section 447-1.3(E)(3) of the bylaw.

The swimming pool enclosure is located in the rear yard and is not constructed of open mesh construction. The enclosure uses a garage wall as part of the construction and does not allow for visibility of the pool from the main living area.

Background Information

(May 31, 2021) Report and Attachments 1 to 2 from the District Manager, Municipal Licensing and Standards, West District on Request for a Fence Exemption to the Toronto Municipal Code, Chapter 447 - 1 Rhinestone Drive
https://www.toronto.ca/legdocs/mmis/2021/ey/bgrd/backgroundfile-167732.pdf

Speakers

Tammy Edwards

Motions

1 - Motion to Amend Item moved by Councillor Stephen Holyday (Carried)

That the Etobicoke York Community Council:

1. Grant the application for a fence exemption permit, with the condition that additional equipment such as mirrors, monitoring cameras and pool alarm, or combination thereof, to the satisfaction of the Executive Director, Municipal Licensing and Standards, is installed thereby allowing the pool enclosure to be constructed and maintained and properly viewed from the main living area of the home.

2. Direct and require that the installation be maintained in good repair without alteration. At such time as replacement of the fence is required that such installation will comply with Municipal Code Chapter 447, or its successor by-law.

3. Direct that as a condition of the exemption, the window to the garage be sealed and made inoperable to the satisfaction of the Executive Director, Municipal Licensing and Standards.